Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1887-05-29
THE BAXTER TRIAL.
Proceeding With the Examination
Witnesses Yesterday.

Inc OOuIG anu lawyers were ntIle late |
getting in this morning. The court room
was again crowded and the interest has in
no wise Jagged. On account of the high
standing of both the accused and the muir
dered man, public sentiment and feelingis
somewhat divided and each one has his
friends.
The witness called by the State this
morning was Henry West, who stated that
he was acquainted with Baxter and New
man; that he lives on Proctor creek, south
of Baxter's, some one and one-balf miles
distant; that on the night of the third day
of October last, heard a bell ringing; ascer-
tained from a neighbor that Jacob Baxter
had been shot; went up that night; saw gun
mark about one foot from foot of apple
tree; the imprint was kind of penned upt to
keep from being tramped on; saw foot
print with nail marks in heels at foot of ap-
pie tree; traced tracks TO fence, when |
stopped and went no further on account of
being lame. sighted through forks of tree
to bullet hole in side of house and found
that a line would pass through the base of
neck of a man about Baxter's size; saw
Newman when first brought on premises
next day by Sheriff; saw the gun fit in i'm
preston at foot of tree first time and the
toe of the breech fit exactly; the heel of
the breech would not fit.
On cross examination witness said the
nails in heel were hob nails; that the
ground under the tree was hard and dusty,
but near the fence the ground was
moist; did not see full impression
of foot any place, but judged
that it was small foot from the width of
it, the person making the foot prints did
not seem to be running; the tracks from
the tree seemed to lead off little south of
east; gun mark was about one inch deep
and one inch wide and run back some two
or two and onehalf inches; got back to
Baxter about o'clock Monday morning;
saw the bullet tried in gun, and the neck
of the ball fit when turned around so the
rifles would fit, but required little press
ing; the bullet was battered very much on
one side; the jury here examined the gun
and bullet to see if the bullet would litl
! the gun iu evidence the same one found i'll
| Newman's possession the morning after
! the murder is q 45-Calibre, breech-lOading
U. S. musket of the 1873 pattern, with
three rifles. Witness was Of impression
there were five rifles.
The little eleven-year-old boy of
the deceased was introduced and
examined by the Court. He
said that he remembered his father; that
he was standing at a window between the
door and the end of the house; that pane
OF glass WAS broken out; that he heard two
shots of gun; went to the door and saw
my pa lying on the steps; stood there until
ma and Jennie Quill came back; went and
rung the bell; that his father was down in
- wheat field below the house toward New
mans plOwing some two weeks before he
was shot; that he was also down there
Capt. DOvener here asked the boy if he
saw any one down there that afternoon,
which question was objected to by the de-
teuse ON the ground of irrclcvancy. The
witness was here withdrawn for the pres
ent to allow the attorneys to produce au-
thorities on the question raised before pro-
Ceeding with the examination.
Thomas Howell was next introduced
and said he did not know John
Newman; had conversation with
some one before the death OF Jacob Baxter
last fall, concerning Jacob Baxter; hut said
he did not know or remember who it was;
he could not say whether he was in the
court room or not; could not point him out;
tDOvener here asked the witness if lie did
not give testimony before the grand jury,
and whether he had been talked to by any
one lately concerning the case, which was
objected to by the defense, and caused a
lively tilt between Capt. DOvencr aud I.
p. Jacobs. The objection was oVerruled
and the examination was allowed to pro-
Ceed The witness sad he saw the same
man that he met in Proctor with a gun,
and had conversation with concerning
Jacob Baxter in Jail, sometime attcrward,
but would not say it was Newman,
who was here pointed out to him.
DOvener here attempted 10 refresh
the memory of witness by calling his at
tention TO his evidence before the grand
jury at the time Newman was indicted,
and placing the notes of the clerk of the
grand Jury in his hands for that purpose,
which was objected to; which objection
was overruled and the notes placed in the
hands of the witness; said that he did moi
: recollect of saying before the grand jury
, that he knew John Newman. The follow
ing is the language of the witness before
the grand Jury: That he had met Johr
E NJ. Newman in Proctor with gun las
, May or June, and he asked him ahOu
trading horses; also asked him what h,
would take for his gun, when Newman
said he would not sell or trade it, aS h
wanted it to kill Jake Baxter" The wit
5 ness was retired for the present.
Isaac Nice was next called, and testified
that he knew .Jno. NJ, Newman when IN
saw him; that he met him little over {
j wear before the death of Jacob Baxter OF
Proctor Creek between Marion Moore
and Nulum's Mills, in which he said tha
he blamed Jacob Baxter with burning hi
= barn aud wheat and that he intended tC
kill Jacob Baxter the first time he had ;
chance.
Cross-examined by Colonel Arnett: wit
ness said that the barn had been burneC
fifteen or sixteen years before this time
was talking about his trouble at the time
; that they were at first talking about ira
ding horses and Newman abruptly changed
> the conversation to his troubles; was gOinl
: home from mill; told man by the nam,
of Montgomery about conversation will
, Newmrn; this was after the Baxter mur
der; that he had no i'll feeling towarC
Newman; MOntgomery's wife, two son.
{ and another psrsOn he did not know wer,
present; the conversation with Montgom
cry took place at his supper table the day
= after Baxter's death.
Mrs. Elizabeth Baxter, the mother o
Jacob, was then introduced and testified
that she had a conversation with JOhI
Newman, at Newdale, concerning tn,
5 burning OF Newman'S wheat; | asked hin
{ how his mother was; and corn that haC
been destroyed by cattle; | asked hin
about the burning of his wheat; he sale
he had over seven hundred dozen; we thel
commenced talking about his shooting
Charley Smith and said to hin
{ she was very sorry such a thing had oc
' Cured; Newman said he wanted TO shoe
some more; Charles Smith was working
e for my son Jacob at this time; never tOl,
j Jacob about the conversation; knew Mis-
souri, Hall.
Missouri Hall was next called and tes
y tilted that ShR knew John Newman